On May 8, 2012, the Pregnant Workers’ Fairness Act (PWFA) was introduced in Congress. The bill, if passed into law, would guarantee pregnant women the right to reasonable accommodation for pregnancy and related conditions, as long as the accommodation does not impose an undue hardship on the employer. Most employers are already well aware of […]
Pregnant Workers’ Fairness Act Introduced in Congress Read More »
On March 29, 2012, the Supreme Court of Ohio ruled that a disabled police officer who engaged in the illegal sale of prescription medication while he was receiving workers’ compensation benefits engaged in “sustained remunerative employment” and must return benefits he collected. State ex rel. McNea v. Indus. Comm., Slip Opinion No. 2012-Ohio-1296. Donald McNea was
On March 30, 2012, the Equal Employment Opportunity Commission (EEOC) issued a final rule amending its regulations with respect to the Age Discrimination in Employment Act (ADEA). The amendment was made to conform to two U.S. Supreme Court decisions that recognized ADEA disparate impact claims and put the burden on employers to prove a “reasonable
EEOC Issues Final Rule on Defense to Disparate Impact ADEA Claims Read More »
After several unsuccessful legal challenges, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act. The requirement is effective April 30, 2012. The notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are
Employee Rights Notice Posting Read More »
On March 27, 2012, Richard Fairfax, a deputy assistant labor secretary at the Occupational Safety and Health Administration, announced a greater penalty reduction for small employers. Effective April 1, 2012, employers with 25 or fewer workers will be eligible for a penalty reduction of up to 60 percent if they take acceptable steps to mitigate
Small Employers Will Soon be Eligible for Larger OSHA Penalty Reductions Read More »
Visitors to our office now have access to convenient valet parking. The entrance is located in Lynn Alley off of Third Street (between the Renaissance Hotel and Chase Tower). We will be able to validate your parking once you come up to the office. If you would like to use the valet parking to visit downtown
Announcing Chase Tower’s Valet Parking Read More »
Contrary to what many would believe with the current administration, OSHA inspections for 2011 were down from 2010. Federal compliance officers conducted 40,648 inspections in 2011. That is approximately 350 fewer than in 2010; however, the drop in inspections has not been viewed as a sign of lack of enforcement efforts by OSHA. To the
2011 Saw a Drop in OSHA Inspections but Fines for Serious Violations Doubled Read More »
Employers have long utilized offers of light duty employment as effective tools to return injured employees to work and to limit the amount of temporary total disability benefits they may receive. Ohio law mandates that if an employee is offered an alternative job within their physical restrictions, they must accept that position or face a
The Ohio General Assembly previously enacted a statute (R.C. 2315.21) requiring that civil trials involving compensatory and punitive damages in a tort claim be bifurcated upon request of a party. This statute was enacted purportedly to decrease non-economic damages awards in tort actions. It was considered to be controversial, since it appeared to conflict with
Ohio Supreme Court Upholds Mandatory Punitive Damages Bifurcation Read More »
Come join Charlie Smith on March 29th at 3:45 at the BWC Safety Congress in Columbus, Ohio for a panel discussion on the impact in the workplace of an aging workforce. The Safety Congress is a 3 day event that begins on March 26th at the Downtown Convention Center. It offers numerous educational sessions for employers on
Come Join Us at the BWC Safety Congress on March 29th! Read More »
In May, Governor Kasich signed into law Substitute House Bill 93. This legislation was intended to address concerns over the sale, distribution and use of narcotics for chronic pain. In order to try and better control the distribution and utilization of narcotics, the Ohio legislature decided to tighten the regulations for pain management clinics. Sub.
As most employers know, a court appeal may be filed concerning a claimant’s right to participate in the workers’ compensation fund. Typically, the issue of initial allowance of a claim or the additional allowance of a condition in a claim is the subject of these court appeals; however, there is often confusion surrounding whether a
Workers’ Compensation Claimant May Pursue Any Theory of Causation in Court Appeal Read More »